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Friday, November 28, 2008

MTM Management Associates NOT Recommended

In 2007 The Preakness Drive HOA voted to terminate their contract for management services with MTM Management Associates of Damascus, Maryland. MTM did not provide a periodic management report to the Board/community for over a year! Board elections were conducted without a quorum; our president gave an easement right of way for $1.00 to a non-hoa resident and no notice was ever given to the community or vote taken by the board. Parliamentary procedure was not used at board meetings. There were plenty of poor governance issues that detracted from serving a community of 138 units. The so called "full service" contract with MTM even had a clause in it that superseded our governing documents! We found no such clauses or vagueness in the proposals and sample contracts provided by some 7 community management firms that we queried.

In 2008, several Preakness Dr HOA residents turned to the Montgomery County Commission On Common Ownership Communities (CCOC). We are one of the lucky counties that actually has such a commission to file complaints. Most counties in MD do not have this.

In Hess v. The Tiers at Wheaton (Apr 23, 2008) heard before the CCOC, ruled the Association was in violation of its obligations to maintain the common elements and ordered it to replace a wall within' 90 days. The cost to the Association is believed to be in excess of $50,000. Previously the Association failed to reply to the complaint or make any repairs (Vol 8, Issue 8, CCOC Communicator Summer 2008). From: www.montgomerycountymd.gov/ccoc

The MD State Attorney Generals' Office is mostly useless in aiding HOA residents on such matters due to their lack of staff and budget appropriations. (MD Office of Attorney General Consumer Complaints http://www.oag.state.md.us/consumer/complaint.htm )

Remember though, even just one person standing up to incompetence and poor governance can make a difference. This past 2008 election and the passage of the tax limiting proposition on the Montgomery County Council submitted by Robin Ficker is proof of that.

For More HOA Resources:

Montgomery County Commission On Common Ownership Communities (CCOC) - http://www.montgomerycountymd.gov/ocptmpl.asp?url=/Content/ocp/ccoc/ccoc_index.asp

Maryland Homeowners Association (Consumer Advocacy Group) -

http://www.marylandhomeownersassociation.info/

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